Ex Parte Marcus - Page 1




         The opinion in support of the decision being entered today was             
         not written for publication and is not binding precedent of the            
         Board.                                                                     
                                                        Paper No. 17                
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                             Ex parte GEORGE L. MARCUS                              
                                    __________                                      
                                Appeal No. 2004-1098                                
                             Application No. 09/658,278                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before COHEN, FRANKFORT, and MCQUADE, Administrative Patent                
         Judges.                                                                    
         MCQUADE, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                 
              George L. Marcus appeals from the final rejection of claims           
         16 through 21, all of the claims pending in the application.               
                                   THE INVENTION                                    
              The invention relates to “a mobile cart for use in the                
         transport of large stringed instruments, such as basses and                
         cellos” (specification, page 2).  Representative claim 16 reads            
         as follows:                                                                
              16. An instrument hand cart for a bass or viol comprising:            
              a base plate, three caster wheels, and two end structures,            
         said base plate comprising a top surface, a bottom surface, four           
         sides, and four corners, said base plate defining a longitudinal           
         channel proximate each of said four corners;                               





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